In California Superior Court, if a party asked for the photos in discovery and was told there are no pictures which is untrue, then the photos cannot be offered into evidence by the responding party without a sound explanation for not producting them in discovery and for the false discovery response. In California Superior Court, if no party asked for particular documents in discovery (such as photos), then the photos can be used at trial as exhibits.
By: Robert Stempler (Please see DISCLAIMER below)
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Generally true. However, there can be exceptions. If you ask required me to produce photos in discovery in May, but I didn't get the photos until June, I probably could use them in trial.Ask a similar question
If you are already involved in litigation, then this would be an excellent question to direct to the attorney or law firm representing you in the lawsuit itself. He or she should be able to explain what was requested, what was produced, and the strategy regarding any remaining evidence the attorney(s) believe(s) is still in the possession of the defendant. If the defendant was in possession of relevant, responsive evidence at the time a response was served, but that evidence was not produced in response to the request, then there should be good grounds for a motion in limine (a pre-trial motion) asking the court to exclude that evidence from trial.
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